Tharpe v. Sellers

Holding: On the unusual facts of this case, the court of appeals should not have rested its review of Keith Tharpe’s application for a certificate of appealability on the ground that it was indisputable among reasonable jurists that Barney Gattie’s service on the jury did not prejudice Tharpe.

Judgment: Vacated and remanded in a per curiam opinion on January 8, 2018. Justice Thomas filed a dissenting opinion, in which Justices Alito and Gorsuch joined.